Limitation provisions

(a) Anti-Abuse provisions (1) In general No assistance under the Program may be used for— (A) stock buybacks; (B) dividends or other capital distributions; (C) increases in executive compensation; (D) acquisition of a competing business unless the Secretary determines the transaction materially expands United States productive capacity; (E) relocation of United States production overseas; (F) reimbursement of tariff costs already reimbursed through drawback, refund, insurance, another Federal program, or another party; or (G) subsidization of imports where a reasonably available and commercially competitive United States substitute exists, except during a reasonable transition period. (2) Recapture provisions In carrying out the Program, the Secretary shall establish recapture provisions for fraud, material misrepresentation, and violations of the domestic-production requirements of this title. (b) No windfalls (1) In general Assistance under the Program shall be limited to net economic injury of a person. (2) Calculation of net economic injury In calculating the net economic injury of a person under paragraph (1), the Secretary shall— (A) account for tariff costs passed through to customers; (B) tariff refunds or drawbacks; (C) insurance proceeds; (D) assistance received from other Federal programs; and (E) other recoveries that compensate the person for the same injury. (3) Other terms and conditions No person may recover more than the full amount of the person’s documented net tariff injury under the Program.